Framework Decision 2008/909/JHA and Deportation of EU Citizens: Encroaching Different EU Law Tools

• Autores: José Ángel Brandariz García
• Localización: The Transfer of Prisoners in the European Union: Challenges and Prospects in the Implementation of Framework Decision 2008/909/JHA / Stefano Montaldo (ed. lit.), 2020, ISBN 978-88-921-8499-2, págs. 95-119
• Idioma: inglés
• Enlaces
  • Texto Completo Libro (pdf)
• Resumen

  • A number of legal tools are aimed at returning convicted EU nationals serving their sentences abroad to their countries of origin. Initially, transfer procedures are based on prin-ciples of rehabilitation and mutual trust. By contrast, forced return arrangements are dis-connected from the framework of cooperation among EU member states and are geared to-wards reducing the number of foreign prisoners. As is widely known, the provisions of Fra-mework Decision 2008/909/JHA have fallen short of cementing EU-wide judicial coopera-tion frameworks in criminal matters. This shortcoming should be examined against the back-drop of a burgeoning apparatus of deportation that increasingly targets EU nationals, espe-cially those with criminal convictions. This paper analyses if and to what extent the momentum recently gained by the deportation of EU nationals has contributed to hampering the expected consolidation of a Framework Decision 2008/909/JHA-based prisoner transfer system